Barbados-Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions

Patents Act, 1981-55 of December 21, 1981, as Amended by the Intellectual Property Acts (Amendment) Act, 1984-20 of June 22, 1984

Part I-Patents

Qualification for Patent

(Unpatentable inventions)


(1) Whether or not they constitute an invention within the meaning of this Act, the following are not patentable under this Act, namely:

(a) discoveries, scientific theories and mathematical


(b) plant varieties, animal varieties and essentially

biological processes, for the production of plants, other than microbiological processes and the products of those processes;

(c) schemes, rules or methods for

(i) the carrying on of business,

(ii) the performing of acts of a mental nature only, or

(iii) the playing of games;

(d) methods for treatment of human beings or animals by surgery or therapy;

(e) diagnostic methods practised on human beings or animals; or

(1) inventions excluded from the protection of this Act by order of the Minister under section 15.

(2) Paragraphs (d) and (e) of subsection (I) do not extend to products invented for use in the methods referred to in those paragraphs.

Part III- Non-Contractual Licences

Statutory: National

(National licence)


(1) When the use within Barbados of an invention protected by patent is, in the opinion of the Minister, necessary in the interests of national security, national health or national nutrition or the development of an essential sector of the economy of Barbados or for other public interests, the Minister may, without the consent of the owner of the patent for that invention but subject to the payment of a reasonable amount for its use, issue by order a national licence for the use of the invention in Barbados by the Crown, by a government agency or by any person named in the order.

Statutory: General

(Statutory licences in cases of non-use or insufficient use)


(1) Where an invention for which a patent has been issued is not used in Barbados or is insufficiently used in Barbados, if

(a) a period of four years from the filing date accorded the application for a patent for the invention has expired; or

(b) a period of three years from the grant of a patent for the invention has expired,

whichever is the later period, the Director may grant a licence to use the invention in Barbados to any person who requests such a licence to use the invention and satisfies the Director that the applicant can use the invention in Barbados.

(2) The Director may not grant a licence under this

section if he is satisfied that circumstances exist that justify the non-use or insufficient use in Barbados of the invention.

(3) For the purposes of subsection (2), importation is not a circumstance that justifies the non-use, or insufficient use, of the invention in Barbados.

(Statutory licences in cases of necessity)


(1) Where

(a) an invention that is claimed by a later patent cannot be used in Barbados without infringing an earlier patent granted on the basis of an application benefitting from an earlier filing or, if appropriate, an earlier priority date; and

(b) the invention claimed in the later patent is an important technical advance in relation to the invention protected by the earlier patent, the Director may, at the request of the owner of the later patent, the licensee under a licence-contract relating to the later patent or a licensee under a statutory licence under the later patent, grant a statutory licence to the extent necessary to prevent infringement of the earlier patent.

1. When a statutory licence is granted under subsection ( 1 ), the Director may, upon the request of the owner of the earlier patent, a licensee under a licence- contract relating to the earlier patent, or a licensee under a statutory licence under the earlier patent, grant a statutory licence under the later patent.



(2) The instrument by which a statutory licence is issued must indicate

(a) the scope of the statutory licence; (b) the period for which the statutory licence is issued;

(c) the specific uses to which the statutory licence extends, exclusive of importation;

(d) the period within which the licensee under the statutory licence must begin to use the patented invention in Barbados; and

(e) the amount of the payment due by the licensee under the statutory licence to the owner of the patent of invention to which the licence relates and to any person whose rights are affected under paragraph ( c ) of section 69, and the conditions of payment thereof; the amount of the payment to be determined after having regard to the extent to which the invention is used.